|Submitted||Feb. 10, 2018|
|Due||March 12, 2018|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Any and all files on US army counter-intelligence Ralph J. Sigler who was found dead in an apprent suicide in 1977.
The requested material will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the requested documents sent electronically, by e-mail attachment if available or sent via CD-ROM if not.
Please conduct a search of the Central Records System, including but not limited to the ELSUR Records System, the Microphone Surveillance (MISUR) Indices, the Physical Surveillance (FISUR) Indices, the data management system (EDMS) and the Technical Surveillance (TESUR) Indices, for both main-file records and cross-reference records for all relevant places,names,individuals,agencies and companies.
As you know, the Act, in § 552(aX6), grants your office no more than twenty working days in which to respond to this request. See also Oglesby v. U.S. Dep of Army, 920 F.2d 57, 65 (D.C:. Cir. 1990) ("Congress adopted the time limit provision in the FOIA in order to 'contribute to the fuller and faster release of information. which is the basic objective of the Act." (quoting H.R. Rep. No. 93-876, March 5, 1974., reprinted (1974) U.S. Code Cong. & Ad. News 6267 at 6271)). Agencies therefore "should make it a priority to respond in a timely manner.
"Timely disclosure of information is an essential component of transparency." Attorney General's Memorandum for Heads of Executive Departments and Agencies Concerning the Freedom of Info. Act, at 3 (Mar. 19, 2009).
If for any reason any portion of this request is denied, please provide written notice of the records that were withheld, and the specific legal justification for the denial. Please also provide the name and address of the officer(s) or body to which my appeal should be directed.
I also hereby request a waiver of both search and duplication fees pursuant to 5 U.S.C. §§ 552(a)(4)(A)(ii)(1l) and (a)(4XA)(iii). MuckRock is entitled to a waiver of search fees under 5 U.S.C. § 552(a)(4)(A)(ii)(11) because MuckRock is a member of the news media. cf. National Security Archive v. Department of Defense, 880 F.2d 1381, 1387 (D.C. Cir. 1989) (defining news media within FOIA context).
MuckRock is a registered non-profit, collaborative news site that has recognized as been recognized by the Sunlight Foundation, The Freedom of the Press Foundation,the Global Investigative Journalism Network (all of which employ FOIA in their reporting).
MuckRock via it's website (muckrock.com) regularly obtains and publishes information about the operations and activities of government through FOIA and uses its editorial staff and contributors to turn this information into distinct works, and publishes and disseminates these works to the public. As it intends to do likewise with the records it receives in response to this inquest.
MuckRock also is entitled to a complete waiver of both search fees and duplication fees pursuant to 5 U.S.C. § 552(a)(4)(A)(iii). Under this provision:
Records shall be furnished without any charge or at a charge reduced below the fees established under clause (ii) if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of government and is not primarily in the commercial interest of the requester. 5 U.S.C. § 552(a)(4XAXiii).
In addition, if records are not produced within twenty (20) business days. Muckrock is entitled to a complete waiver of search and duplication fees under Section 6(b) of the OPEN Government Act of 2007, which amended FOR at 5 U.S.C. § (a)(4)(A)(viii).
MuckRock is a 501(c)(3), not-for-profit, educational organization, and, by definition, it has no commercial purpose. MuckRock exists to educate the public about the operations and activities of government, as well as to increase public understanding about the importance of ethics and the rule of law in government.
The particular records requested herein are sought as part of MuckRock's ongoing efforts to document the operations and activities of of government agencies and to educate the public about these operations and activities. Once MuckRock obtains the requested records, it intends to analyze them and disseminate the results of its analysis.
There is a clear public interest case in having these files released therefore I request fees be waived for the following reasons:
1) The questions raised about the government's motivations, integrity and judgment on this issue.
2) Any wrongdoing by the subject(s) in question, the government and/or other federal officials the materials may expose.
3) The subject is of "widespread and exceptional media interest" the widespread public interest and reporting on this case.
4) As a journalist and member of muckrock.com, I am engaged in reporting and disseminating information to the public, free of charge.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
An acknowledgement letter, stating the request is being processed.
There are eFOIA files available for you to download.